The Madurai Bench of the Madras High Court allowed a petition under Section 482 CrPC to restore a previously dismissed order of quashing a criminal complaint to the file, setting aside the earlier order dated 6/01/2017.
The petition for restoration of the impugned order is allowed and the order dismissing the petition for non-prosecution is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Twenty Fourth day of March Two Thousand Seventeen
PRESENT
The Hon`ble Mr Justice P.N.PRAKASH CRL MP(MD) No.2230 of 2017 IN CRL OP(MD) No.7827 of 2010 1. Virgin Mary 2. Suja 3. Annammal 4. Jenobha 5. Metilda @ Sadaye 6. Dickar Thoos 7. Franklin 8. Dryulavs
1.State of Tamil Nadu, Rep. by the Inspector of Police, Nithiravilai Police Station, Kanyakumari District.
2.Joseph Stephen ... Respondents/ Respondents
This Petition is filed under Section 482 of Criminal Procedure Code to restore the CRL OP(MD) No.7827 of 2010 on file, which was dismissed for non prosecution on 6/01/2017.
CRL OP(MD) No.7827 of 2010
Petition filed under Section 482 of Code of Criminal Procedure to call for the records pertaining to C.C.No. 74 of 2009 on the file of the Judicial Magistrate No.II, Kuzhithurai and quash the same in accordance with law.
This Petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and the order of this Court dated 6.01.2017 and made in Crl.OP(MD)No.7827 of 2010 and upon hearing the arguments of Mr.C.K.M.Appaji, Advocate for the Petitioner and Mr.K.Anbarasan Government Advocate on behalf of the 1st Respondent, the court made the following order.
“This petition for restoration of Crl.OP(MD) No.7827/2010 is allowed”. Sd/-
Assistant Registrar(P & A)
/True Copy/
Sub Assistant Registrar
TO
1.The Judicial Magistrate No.II, Kuzhithurai.
2.-Do-Thro' The Chief Judicial Magistrate, Kanyakumari District. 3.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. AR js/JC/2.05.2017/2P-5C
Allowing the Petition and setting aside the order of this Court dated 6.01.2017 as made in Crl.OP(MD) No.7827/10 and restoring the same to file etc as stated within.
1 issue framed by the court
Whether a petition under Section 482 CrPC to restore a previously dismissed order of quashing to file should be allowed.
1 provisions across 1 enactments
Virgin Mary and others
State of Tamil Nadu
P.N.PRAKASH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
